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DWAI by Drugs Lawyer NYC: Driving While Ability Impaired Lawyer in New York - The Law Firm of Andrew M. Stengel Driving While Intoxicated tends to bring drunk driving to mind. It’s true that most DWI charges in New York and other states relate to alcohol. In New York it is also a crime to drive after consuming drugs or a controlled substance. New York calls this Driving While Ability Impaired by Drugs or DWAI by Drugs. The law reads: “No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug. . .” Under the law, a drug is considered anything listed under the five schedules of controlled substances, some of which are available by prescription like pain or sleeping medications, and others are outright illegal like marijuana or ecstasy. The most common drug associated with DWAI by Drugs arrests in New York is marijuana. Unlike a breathalyzer test in cases of Driving While Intoxicated by alcohol, the evidence in DWAI by Drugs cases tends to be based on the observations of a police officer: Performance of coordination tests, which are videotaped in New York City; Performance of standardized field sobriety tests, which are more often conducted by police outside of New York City; Recovery of a drug from the car or the person arrested: A blood test; and/or Observations of the police officer, including Watery and/or bloodshot eyes Slurred speech Unsteadiness on feet Odor of marijuana DWAI By Drugs is a class A misdemeanor, punishable by up to 1 year in jail or up to 3 years of probation, in addition to a fine of up to $1,000, a 6-month driver’s license revocation. However, a driver will be charged with felony DWAI by Drugs if the driver has a prior DWI conviction in any state within the previous 10 years; or there is a passenger in the car who is 15 years old or younger. Felony DWAI By Drugs is Punished by a class E Felony which may be up to 4 years in state prison in addition to a 1-year license revocation and a fine of between $1,000 and $5,000. Former Manhattan Assistant District Attorney Andrew M. Stengel provides aggressive representation for misdemeanors and felonies in New York City, Westchester, Nassau and the surrounding counties. For more information about DWAI By Drugs in New York, please visit: https://stengellaw.com/dwai-by-drugs-.... For more information about Driving While Intoxicated or DWI in New York, please visit: https://stengellaw.com/dwi-lawyer-nyc. Visit our website here: http://stengellaw.com, email us at [email protected], or call us at (212) 634-9222 for a free, confidential consultation. The Law Firm of Andrew M. Stengel, P.C. 11 Broadway, Suite 615 New York, NY 10004 Attorney advertising. Prior results do not guarantee a similar outcome.